Sarasota Herald-Tribune Co. v. Talley

District Court of Appeal of Florida

Sarasota Herald-Tribune Co. v. Talley

523 So. 2d 1163, 13 Fla. L. Weekly 535, 15 Media L. Rep. (BNA) 1096, 1988 Fla. App. LEXIS 664, 1988 WL 13712

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1988

DocketNo. 87-3050

StatusPublished

This text of 523 So. 2d 1163 (Sarasota Herald-Tribune Co. v. Talley) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sarasota Herald-Tribune Co. v. Talley, 523 So. 2d 1163, 13 Fla. L. Weekly 535, 15 Media L. Rep. (BNA) 1096, 1988 Fla. App. LEXIS 664, 1988 WL 13712 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This is a petition for review, filed pursuant to Florida Rule of Appellate Procedure 9.100(d), of a “gag order” issued by respondent in State v. Nowitzke, Nos. 85-1835-F and 87-1931-F, which was at the time being prosecuted in the Circuit Court in and for Manatee County. While it appears that the trial court departed from the essential requirements of law in issuing the order without prior notice and opportunity to be heard by at least one member of the media, see News-Press Publishing Co., Inc. v. Hayes, 493 So.2d 1 (Fla. 2d DCA 1986); Times Publishing Co. v. Penick, 433 So.2d 1281 (Fla. 2d DCA 1983); Times Publishing Co. v. Hall, 357 So.2d 736 (Fla. 2d DCA 1978), we deny the petition because the issue has become moot in that Nowitzke was convicted of the charges against him while this petition for review was pending. We further note that on October 28, 1987, this court issued an order in these proceedings which stayed respondent’s order until such time as the media was given notice and a hearing on the issuance of the “gag order.” No such notice and hearing was held before Nowitzke’s trial began; thus, the stay of the “gag order” was in effect during Nowitzke’s trial which has now concluded.

Petition for review denied.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.

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PER CURIAM.

This is a petition for review, filed pursuant to Florida Rule of Appellate Procedure 9.100(d), of a “gag order” issued by respondent in State v. Nowitzke, Nos. 85-1835-F and 87-1931-F, which was at the time being prosecuted in the Circuit Court in and for Manatee County. While it appears that the trial court departed from the essential requirements of law in issuing the order without prior notice and opportunity to be heard by at least one member of the media, see News-Press Publishing Co., Inc. v. Hayes, 493 So.2d 1 (Fla. 2d DCA 1986); Times Publishing Co. v. Penick, 433 So.2d 1281 (Fla. 2d DCA 1983); Times Publishing Co. v. Hall, 357 So.2d 736 (Fla. 2d DCA 1978), we deny the petition because the issue has become moot in that Nowitzke was convicted of the charges against him while this petition for review was pending. We further note that on October 28, 1987, this court issued an order in these proceedings which stayed respondent’s order until such time as the media was given notice and a hearing on the issuance of the “gag order.” No such notice and hearing was held before Nowitzke’s trial began; thus, the stay of the “gag order” was in effect during Nowitzke’s trial which has now concluded.

Petition for review denied.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.

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523 So. 2d 1163, 13 Fla. L. Weekly 535, 15 Media L. Rep. (BNA) 1096, 1988 Fla. App. LEXIS 664, 1988 WL 13712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarasota-herald-tribune-co-v-talley-fladistctapp-1988.

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